The ‘Frankel 8’ have successfully struck a massive blow to sex offenders, when the High Court today announced that in the matter of N Levenstein and others vs Sidney Lewis Frankel & Others (case no 2016/29573), Acting Judge Claire Hartford found Section 18 of the Criminal Procedures Act to be unconstitutional, and stated that “The law must encourage the prosecution of these nefarious offences, which are a cancer in South African society, and must support victims in coming forward, no matter how late in the day. The law should not smother a victim’s ability to bring sexual offenders to book, as it presently does.” This judgment now needs to be confirmed by the Constitutional Court and has been suspended for 18 months to allow Parliament to fix the unconstitutional laws.

Women And Men Against Child Abuse are grateful to Paul Diamond, Shane Rothquel, Miranda Smith, Nicole Levenstein, George & Katherine Rosenberg, Daniela McNally, Lisa Wagner and the incredibly passionate Mr. Ian Levitt, who have today made it possible for future survivors to receive closure and see justice done. It may take decades for survivors to be in an emotionally strong enough position to confront their abusers, who, in cases of late disclosure, have more often than not until now not been held accountable in a criminal court for their heinous crimes. The courts are now being urged to move towards understanding the context of the crime and not just its physical act when deciding on whether a crime is more severe than another. The constitutionality of this flawed distinction is what was challenged by the Frankel 8 on behalf of all victims of sexual assault, and today the High Court agreed.